SC refuses to expunge Madras HC’s comment on EC, but says it was ‘harsh’

| | New Delhi
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SC refuses to expunge Madras HC’s comment on EC, but says it was ‘harsh’

Friday, 07 May 2021 | PNS | New Delhi

Supreme Court on Thursday disposed of the Election Commission (EC)’s petition to expunge the observation of Madras High Court that the poll panel was singularly responsible for the rise in the Covid-19 pandemic.

Disposing of the petition, which was objected by Rajiv Kumar from filing, the Bench headed by Justice DY Chandrachud said judges should exercise caution in making off-the-cuff remarks while appreciating the role of High Courts across the country in taking up the cases related to the pandemic and delivering remedies.

“The remarks of the High Court were harsh. The metaphor inappropriate,” the Supreme Court said, adding even if the High Court did indeed make the oral observations that have been alluded to, it did not seek to attribute culpability for the Covid-19 pandemic in the country to the EC.

“What instead it would have intended to do was to urge the EC to ensure stricter compliance of Covid-19 related protocols during elections,” observed the apex court while disposing of the EC’s petition.

“The Supreme Court also noted and appreciated the role of High Courts across the country in handling cases related to pandemic. “Sometimes, High Court Judges are stressed about local conditions and at times, they may make strong remarks, the Bench said, adding but “we must not be so fragile as to get offended by them”.

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